Loading...
HomeMy WebLinkAboutContract 60578CSC No. 60578 TEMPORARY CONSTRUCTION LICENSE THIS LICENSE AGREEMENT is made and entered into 8th day of December , 2023 by and between the City of Fort Worth, exas, ("Licensor") and South -Point Constructors, a Joint Venture. ("Licensee"). Licensor and Licensee are individually referred to as "Party" and collectively as the "Parties". RECITALS A. On February 24, 2022, the Texas Department of Transportation ("TxDOT") entered into a written agreement ("Design - Build Agreement") with South -Point Constructors, a Joint Venture ("Developer") to develop, design, construct and maintain the Southeast Connector Project in Tarrant County Texas (the "Project"). B. Licensor owns real property and improvements identified in Exhibit "A" (the "Property"); C. Licensee desires to access the Property for the purposes of performing the Project -related work; and D. Licensor is willing to permit such use by Licensee. AGREEMENT The Parties agree as follows: 1. Grant of License. Licensor hereby grants to Licensee, its agents and contractors, a non-exclusive right to use the Property for the purposes specified herein. 2. Use. Licensee, its agents and contractors will have access to and may use the Property for work related to the Southeast Connector Project on the Property. 3. Term of License and Termination. The License shall continue for a term of 12 months from the date set forth above. Licensor may terminate this License upon five (5) days' written notice to Licensee. 4. Indemnity. LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LICENSOR FOR, FROM AND AGAINST ALL CLAIMS, LIABILITIES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES, FOR PERSONAL INJURY (INCLUDING DEATH) AND PHYSICAL DAMAGE TO THE PROPERTY ARISING FROM LICENSEE'S USE OF THE PROPERTY. 5. Insurance. Licensee shall, at its sole cost and expense, throughout the term of this License, obtain, keep, and maintain in full force and effect comprehensive general public liability insurance against claims for personal injury, bodily injury, death, or property damage occurring in, upon, or about the Property in an amount of not less than One Million Dollars ($1,000,000.00) in respect to injury or death of one person and to the limit of not less than One Million Dollars ($1,000,000.00) in respect to any one accident, and to the limit of not less than One Million Dollars ($1,000,000.00) in respect to property damage with respect to Licensee's or its agents' or contractors' use of the Property. Prior to Licensee's use of the Property, Licensee shall provide Licensor with a Certificate of Insurance evidencing the aforementioned insurances. 6. Surrender. Upon termination of this License, the Property shall be restored by the Licensee to a condition similar to what existed prior to the commencement of this License, reasonable wear and tear, force majeure, and damage by casualty excepted. 7. Notices. All notices required or provided to be sent by either Party shall be in writing and shall be deemed to have been given upon personal delivery or upon deposit in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the Party at the address set forth below: Licensor: City of Fort Worth, Texas 200 Texas Street Fort Worth, TX 76102 817-392-1234 michael.landvik@fortworthtexas.gov Licensee: South -Point Constructors, a Joint Venture 5354 E Loop 820 S Fort Worth, TX 76119 682-362-6000 Garrett.Coffin@kiewit.com 8. ADDlicable Law. This License Agreement shall be governed by and construed in accordance with the laws of Texas. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9. Title. To the best of Licensor's knowledge, Licensor is lawfully seized and possessed of the Property and Licensor has good and lawful right to enter into this Agreement. 10. Miscellaneous: (a) Licensee may access the Property 24 hours per day, 7 days per week; (b) Licensee will remove asphalt, concrete curb and gutter, concrete sidewalk, and landscaping (including trees) shown Exhibit "A" at its sole expense; (c) During the term of this License, Licensee will coordinate all activity on the Property with Licensor and will provide notice to Licensor no less than 72 hours before accessing the Property. (d) During the term of this License, Licensee will maintain access from SE Loop 820 to Salt Road suffient for the operation of the Fort Worth Southeast Landfill, as determined solely by Licensor. (e) Upon termination of this License Agreement, Licensee will leave the Property with dirt and at a grade matching the areas outside Property, allowing unimpeded access from SE Loop 820 to Salt Road; and (f) Licensee may, at his sole discretion, place temporary fencing on the Property and will leave the fencing upon the completion of its activities on the Property. (g) Licensor acknowledges that all costs and expenses incurred in the acquisition of this License Agreement are Licensee's sole burden and responsibility, and Licensor further acknowledges that TxDOT has no obligation or liability with respect to this license. The Parties hereto have caused their duly authorized representatives to execute this License as of the date first above written. [signature page follows] LICENSOR: CITY OF FORT WORTH By: William Johnson (D c 8,202309:51 CST) Name: William Johnson Title: Assistant City Manager Date: December 8 , 2023 APPROVAL RECOMMENDED: By: ✓/ Name: Kelly Porter Title: Assistant Director, Transportation and Public Works Department ATTEST: q99 ann EOpT4�.f,d O Fo 0 Pao °=d allay nEXpSaa By: Name: Jannette S. Goodall Title: City Secretary LICENSEE: SOUTH -POINT CONSTRUCTORS � fC`ce�z By: J Knez (Dec 1, 2023 09:50 CST) Name: Jay Knez Title: Project Director Date: December 1 , 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsi- ble for the monitoring and administration of this con- tract, including ensuring all performance and reporting requirements. By: Name: Mike Landvik Title: Transportation Planning Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not required Form 1295: Not required 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Oda Location of Property and Improvements , 00*' V W Phase 1. Construction will occur in the yellow shade and traffic will be located on existing pavement. 9EM7 Phase 2. Construction will occur in the yellow shade and traffic will be located on new pavement from Phase 1 (orange shade) -ram per^' —�. �.r✓ .......... � Phase 3. Salt Road is completed traffic will be located on new pavement from Phase 1 and Phase 2 (orange shade) / 1 Southeast Connector Project in Tarrant County, Texas DATE (MM/DDIYYYY) ACCOR o CERTIFICATE OF LIABILITY INSURANCE 12/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Traci Sutton Midwest Agencies, Inc. I PHONE FAX 1550 Mike Fahey Street (A/C No. Ext): 402-271-2956 (A/C, No): 402-271-2997 E.MOmaha, NE 68102 i ADDRESS: Traci. Sutton(ci�MidwestAgencieslnc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Old Republic Insurance Company 24147 INSURED INSURER B : SWISS Re Corporate Solutions America Ins 29874 South -Point Constructors, A Joint Venture 7651 Esters Blvd., Suite 150 I INSURERC: Irving TX 75063 1INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 77485620 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A / COMMERCIAL GENERAL LIABILITY / `/ MWZY312911 3/1/2023 3/1/2024 EACH OCCURRENCE $5,000,000 = CLAIMS -MADE �✓ OCCUR ✓ Contractual Liability ✓ XCU Included GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT OTHER: A AUTOMOBILE LIABILITY ✓ ✓ MWTB 312910 ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY B UMBRELLALIAB ,/ OCCUR ✓ ✓ EXCESS LIAB Hd CLAIMS -MADE DIED I ✓ I RETENTION $ N/A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRI ETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ✓ EXS 2000809 ✓ MWC 31672722 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 5,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 3/1/2023 3/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ (Per accident) 3/1/2023 3/1/2024 EACH OCCURRENCE $20,000,000 (AGGREGATE $20,000,000 3/1/2023 3/1/2024 OERH / SPER TATUTE E.L. EACH ACCIDENT $ 5,000,000 E.L. DISEASE - EA EMPLOYEE $ 5.000.000 E.L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Fort Worth and its affiliates, their respective employees and agents, members, managers, officers and owners (and their beneficiaries, if any), are Additional Insured jointly and/or severally regarding any coverage afforded by the policy. This insurance shall be primary with respect to any other insurance available to such Additional Insured, and shall be endorsed in a manner that will prohibit the contractor's/vendor's insurers from seeking contribution from such Insurance of the Additional Insured. Waiver of subrogation is included in favor of The City of Fort Worth and its affiliates. Policy includes 30-days' notice of cancellation and 10-days for non-payment of premium. Southeast Connector Project in Tarrant County, TX CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE Philip G. Dehn ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 77485620 1 ** 2023 South -Point Constructors, A Joint V I Deanne Jones 12/7/2023 6:39:21 AM (CST) I Page 1 of 1 CNLI-Salt Road Temporary Construction License -Southeast Connector Project Interim Agreement Report 2023-12-08 Created: 2023-11-22 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Out for Filling Transaction ID: CBJCHBCAABAAvJYzTZ6jsZ90XJ7RXXn8oyHm2TwRsHOV Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "CNLI-Salt Road Temporary Construction License -Southeast Co nnector Project" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-11-22 - 10:16:08 PM GMT- IP address: 204.10.90.100 Document emailed to Barbara. Pryor@fortworthtexas.gov for filling 2023-11-22 - 10:31:01 PM GMT Email viewed by Barbara.Pryor@fortworthtexas.gov 2023-11-27 - 1:23:24 PM GMT- IP address: 204.10.90.100 Signer Barbara. Pryor@fortworthtexas.gov entered name at signing as Barbara Pryor 2023-11-27 - 1:24:02 PM GMT- IP address: 204.10.90.100 Form filled by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Form filling Date: 2023-11-27 - 1:24:04 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed tojay.knez@s-pointc.com for signature 2023-11-27 - 1:24:06 PM GMT Email viewed byjay.knez@s-pointc.com 2023-12-01 - 3:45:42 PM GMT- IP address: 128.92.58.170 Signer jay.knez@s-pointc.com entered name at signing as J Knez 2023-12-01 - 3:50:27 PM GMT- IP address: 136.226.102.167 FoRTWORTH, I P—e'b' Adobe Acrobat Sign Document e-signed by J Knez Qay.knez@s-pointc.com) Signature Date: 2023-12-01 - 3:50:29 PM GMT - Time Source: server- IP address: 136.226.102.167 Document emailed to michael.landvik@fortworthtexas.gov for signature 2023-12-01 - 3:50:31 PM GMT Signer michael.landvik@fortworthtexas.gov entered name at signing as Mike Landvik 2023-12-07 - 9:27:49 PM GMT- IP address: 204.10.90.100 Mike Landvik (michael.landvik@fortworthtexas.gov) uploaded the following supporting documents: COI 2023-12-07 - 9:27:51 PM GMT `- Document e-signed by Mike Landvik (michael.landvik@fortworthtexas.gov) Signature Date: 2023-12-07 - 9:27:51 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to donnette.murphy@fortworthtexas.gov for approval 2023-12-07 - 9:27:53 PM GMT Email viewed by donnette.murphy@fortworthtexas.gov 2023-12-07 - 9:49:39 PM GMT- IP address: 99.150.145.211 Signer donnette.murphy@fortworthtexas.gov entered name at signing as Donnette Murphy 2023-12-07 - 9:52:39 PM GMT- IP address: 99.150.145.211 Document approved by Donnette Murphy (donnette.murphy@fortworthtexas.gov) Approval Date: 2023-12-07 - 9:52:41 PM GMT - Time Source: server- IP address: 99.150.145.211 Document emailed to kelly.porter@fortworthtexas.gov for filling 2023-12-07 - 9:52:43 PM GMT Email viewed by kelly.porter@fortworthtexas.gov 2023-12-07 - 11:26:47 PM GMT- IP address: 166.205.58.6 Signer kelly.porter@fortworthtexas.gov entered name at signing as Kelly Porter 2023-12-07 - 11:27:51 PM GMT- IP address: 166.205.58.6 Form filled by Kelly Porter (kelly.porter@fortworthtexas.gov) Form filling Date: 2023-12-07 - 11:27:53 PM GMT - Time Source: server- IP address: 166.205.58.6 Document emailed to Matt Murray (matthew.murray@fortworthtexas.gov) for signature 2023-12-07 - 11:27:55 PM GMT Email viewed by Matt Murray(matthew.murray@fortworthtexas.gov) 2023-12-07 - 11:58:23 PM GMT- IP address: 71.14.136.13 FoRTWORTH, I P—e'b' Adobe Acrobat Sign Document e-signed by Matt Murray (matthew.murray@fortworthtexas.gov) Signature Date: 2023-12-08 - 2:38:59 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to William.Johnson@fortworthtexas.gov for signature 2023-12-08 - 2:39:00 PM GMT Email viewed by William.Johnson@fortworthtexas.gov 2023-12-08 - 3:50:02 PM GMT- IP address: 204.10.90.100 Signer William.Johnson@fortworthtexas.gov entered name at signing as William Johnson 2023-12-08 - 3:51:15 PM GMT- IP address: 204.10.90.100 d, Document e-signed by William Johnson (William.Johnson@fortworthtexas.gov) Signature Date: 2023-12-08 - 3:51:17 PM GMT - Time Source: server- IP address: 204.10.90.100 P�- Document emailed to Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) for filling 2023-12-08 - 3:51:19 PM GMT 5. Email viewed by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-12-08 - 3:56:42 PM GMT- IP address: 204.10.90.100 FoRTWORTH, I P—e'b' Adobe Acrobat Sign FORT WORTH Routing and Transmittal Slip TRANSPORTATION & PUBLIC WORKS Department DOCUMENT TITLE: _Salt Road Temporary Construction License -Southeast Connector Project M&C N/A CPN N/A CSO # DOC# DATE: TO: DEPARTMENT INITIALS DATE OUT Nov 27, 2023 1. Barbara Pryor TPW - Initial BP 2. Jay Knez, South -Point Licensee -Signature � Dec 1, 2023 Constructors 3. Mike Landvik TPW - Signature N L Dec 7, 2023 4. Kelly Porter TPW - Signature Dec 7, 2023 5. Matthew Murray Legal - Signature Dec 8, 2023 6. William Johnson CMO - Signature WJ Dec 8, 2023 7. Jannette Goodall CSO - Signature azz Dec 8, 2023 8. TPW Contracts TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes 0 No ROUTING TO CSO: Q Yes ❑ No RUSH: x Yes ❑ No SAME DAY: ❑ Yes x No NEXT DAY: ❑ Yes x No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information x Signature/Routing and or Recording ❑ Comment ❑ File Col Return To: Please notify TPWContracts(ab.fortworthtexas.aov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!